126696-0 IGA MARICOPA COUNTY.PDF

OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
HELEN PURCELL
RECORDING REQUESTED BY: 20090763325 08/17/2009 04:24
ELECTRONIC RECORDING
TITLE AGENCY 910002-25-9-1--
a
fraustoj
/When recorded mail to:
MARICOPA COUNTY/ R.E. SERVICES MANAGER
301 W. Jefferson, #960
Phoenix, AZ 85003
SPACE ABOVE THIS LINE FOR RECORDER'S USE
$T0910002-KR
CAPTION HEADING:
INTERGOVERNMENTAL AGREEMENT FOR THE
PURCHASE AND SALE OF REAL ESTATE AND
OPTIONS TO PURCHASE REAL ESTATE
City of Phoenix #126696
Maricopa County #C18-09-033-8-00
DO NOT REMOVE
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This is part of the official document.

20090763325
INTERGOVERNMENTAL AGREEMENT
FOR THE PURCHASE AND SALE OF REAL ESTATE
AND OPTIONS TO PURCHASE REAL ESTATE
BETWEEN
THE CITY OF PHOENIX
AND
1266 9-6
City Contract No.
v
THIS INTERGOVERNMENTAL AGREEMENT (‘Agreement’) is dated this 3\** day
of 2009, and is entered into by and between the CITY OF PHOENIX, ARIZONA, an
Sulu ,
Arizona municipal corporation ("City") and MARICOPA COUNTY, a political subdivision of the State
of Arizona (“County”). The City and County are sometimes referred to herein collectively as “Paities"
and individually as a “Party”. In consideration of the mutual promises set forth herein, the City and
the County agree as follows:
ARTICLE |. SUBJECT OF AGREEMENT
§ 101. Background and Description of Parcels
The City and County each own certain real property in downtown Phoenix. In connection with its
development of adjacent property, the County has requested portions of Madison Street between
First and Fifth Avenues (excluding the intersections of Third, Fourth and Fifth Avenues) with a total
area of approximately 2.39 acres as depicted in the map attached hereto as Exhibit “A”,
incorporated herein by this reference. Madison Street between First and Third Avenues is referred
to herein as “Madison Parcel 1”; Madison Street between Third and Fourth Avenues is referred to
herein as “Madison Parcel 2”; Madison Street between Fourth and Fifth Avenues is referred to
herein as “Madison Parcel! 3"; and Madison Parcel 1, Madison Parcel 2, and Madison Parcet 3 are
referred to herein collectively as the “Madison Parcels”. Due to the location of the Madison Parcels
within the Original Townsite of Phoenix, the City owns the Madison Parcels in fee. In connection with
future development, the County has requested property owned by the City at the Southwest corner
of Jackson Street and 9th Avenue (“Jackson Parcei”) with a total area of approximately 1.38 acres
as depicted in Exhibit “A”.
In connection with redevelopment within Downtown Phoenix, the City has requested the former
Thomas J. Pappas School site, comprised of a .96 acre parcel located at 358 North Avenue
(‘Pappas Parcel 1”) and a 3.94 acre parcel located at 355 North 5th Avenue (“Pappas Parcel 2"), as
depicted in the map attached hereto as Exhibit “B”, incorporated herein by this reference.
The City and the County are authorized by A.R.S. § 11-951 et seq. to contract for services or jointly
exercise any powers common to the Parties and to enter into agreements with one another for joint
cooperative action. ;

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§ 102, Exchange Parcels
The parties desire to exchange 1) the Jackson Parcel; and 2) the Madison Parcels owned by the
City (collectively, the “City Exchange Parcels”) for 1) the Pappas Parcel 1; and 2) the Pappas Parcel
2 owned by the County (collectively, the “County Exchange Parcels’). The City Exchange Parcels.
and the County Exchange Parcels are sometimes hereinafter referred to collectively as the
“Exchange Parcels*. The County Exchange Parcels and the City Exchange Parcels are legally
described in Exhibits “C” and “D”, respectively, attached hereto.
§ 103. Parties
§ 103.1 The City
The City is a municipal corporation of the State of Arizona. The execution of this
Agreement and any other documents required to implement the provisions of this Agreement was
authorized by Ordinance No, S-35859, passed by the Phoenix City Council on February 4, 2009 as
amended.
The principal office of the City is located at 200 West Washington Street, Phoenix,
Arizona, 85003 1611.
“City" as used in this Agreement, includes the City of Phoenix and the Community
and Economic Development Department.
§ 103.2 The County
Maricopa County is a political subdivision of the State of Arizona. The execution of
this Agreement and any other documents required to implement the provisions of this Agreement
was authorized by Agenda item C-18-09-033-8-00, passed by the Maricopa County Board of
Supervisors on December 17, 2008.
The principal office of the County is located at 301 West Jefferson, 10th Floor,
Phoenix, AZ 85003.
§ 103.3 County and City Relationship
County and the City intend that their respective officers, employees, agents, and
subcontractors shail not be considered as officers, employees, or agents of the other. The City and
County hereby agree not to represent to anyone that they are agents of one another or have
authority to act on behalf of one another. Nothing contained in this Agreement shall be deemed or
construed to create the relationship of principal and agent, partnership, joint venture or any other
similar association between the City and the County.
ARTICLE Il. EXCHANGE OF MADISON PARCEL 1 FOR PAPPAS PARCEL 1
§ 201. Escrow
Within thirty (30) days following the execution of this Agreement, the City and County shall open an
escrow account with Security Title Agency, 3636 North Central Avenue, 3” Floor, Phoenix, AZ
85012 ("Escrow Agent") for the conveyance of the Madison Parcel 1 and the Pappas Parcel 1
(sometimes referred to collectively as “Exchange Parcels 1”) and shall provide the Escrow Agent

20090763325
with a copy of this Agreement, which shall serve as the instructions of the City and County to the
Escrow Agent. These instructions shall not be revised, extended, or supplemented without the
mutual written consent of the Parties and the written acceptance of the Escrow Agent.
§ 202. Conveyance of Exchange Parcels 1. The County and the City will permit the other (as
applicable, the “Entering Party”) and its agents and representatives to enter upon their raspéctive
Parcels for inspection, soils report, environmental report, examination and land-use planning prior to
Closing. Upon completion of any such inspections, tests and investigations, the Entering Party must
restore the properties to the condition existing prior to entrance upon the Parcels. To the extent
permitted by law, the Entering Party hereby indemnifies, defends and holds the owner harmless
from any out-of-pocket damages or liabilities (including reasonable attorney's fees) arising from the
activities of the Entering Party, its agents or representatives on the Parcels. Notwithstanding
anything contained in this Agreement to the contrary, the Entering Party's obligation to restore the
Parcels and indemnify the owner thereof shail survive the Closing, assignment or any termination of
this Agreement.
§ 202.1 Title Insurance
The City and County shali each request a preliminary title commitment from the
Escrow Agent reflecting the condition of title of the Exchange Parcels 1 in anticipation of the
issuance of binding title insurance policies prior fo conveyance. The date on which Escrow Agent
delivers to each of the County and the City a copy of the preliminary title commitments for each of
the parcels that are the subject of this Articte {1 shall be the “Delivery Date”. Neither the County nor
the City shall be under any obligation to cure any title exceptions contained in the preliminary title
commitments. {f there are any exceptions to title shown on the preliminary title commitment for the
Pappas Parcel 1 to which the City objects, the County shail have no less than 30 days from the date
on which the preliminary title commitment is received in which to remove such exceptions ifit elects
to do so. If there are any exceptions to title shown on the preliminary title commitment for the
Madison Parcel 1 to which the County objects, the City shall have no less than 30 days from the
date on which the preliminary title commitment is received in which to remove such exceptions if it
elects to do so.
The City and County shall each pay half of the following fees and costs in connection
with conveyance of the Exchange Parcels 1:
1. The cost of standard form title insurance policies on each of the properties
comprising the Exchange Parcels 1. Each Party shall pay for any special endorsements or
extended coverage that it requests for its respective property.
2. Recording fees.
3. Escrow Agent fees.
§ 202.2 Environmental Report
County shall furnish the City with an environmental report on the Pappas Parcel 1
that has been prepared in accordance with City substantive and timing requirements as set forth in
City Administrative Regulation 3.95, which reports shall be supplemented with any reports required
by the Phase I environmental assessment. City shall fumish the County with an environmental

20090763325
report on the Madison Parcel 4 that has been prepared in accordance with County substantive and
timing requirements as sat forth in § 202.9 below.
§ 202.3 Conveyance of Exchange Parcels 1 and Delivery of Possession
Subject to any mutually agreed upon extensions of time, conveyance of the
Exchange Parcels 1 shall be completed within five (5) days following the satisfaction of all conditions
precedent set forth in § 202.9 below, but in no event later than September 15, 2009. The City and
the County agree to perform all acts necessary for conveyance in sufficient time for the Exchange
Parcels 1 to be conveyed in accordance with the foregoing provisions.
Possession shall be delivered concurrently with the conveyance of Exchange Parcels 1, except that
access and entry may be granted before such conveyance as permitted pursuant to this Agreement.
§ 202.4 Execution of Documents
The City shall execute and deliver to Escrow Agent a Special Warranty Deed
conveying the Madison Parcel 1 ("Madison Parcel 1 City Deed") in the form attached hereto as
Exhibit “E”. The County shall execute and deliver fo Escrow Agent a Special Warranty Deed
conveying the Pappas Parcel 1 (‘Pappas Parcel 1 County Deed”) in the form attached hereto as
Exhibit “F". The County and the City shall execute a parties in possession affidavit, affidavit of
property value, non-foreign certification and such other documents as may reasonably be required
by Escrow Agent to consummate the transaction which is the subject matter of this Article Il.
§ 202.5 Recordation of Documents
Upon satisfaction or waiver of the conditions contained in § 202.9 and delivery of the
executed documents Identified in § 202.4 above, the transactions contemplated by this Agreement
shall close (the “Close of Escrow’) and Escrow Agent shall record first the Madison Parcel 1 City
Deed, second all documentation required pursuant to the Abandonment Application (as defined
hereinafter in § 202.9(f) relating to the Madison Parcel 1), and third the Pappas Parcel 1 County
Deed, along with any other instruments that are necessary and proper to vest title to the Exchange
Parcels 1 as provided herein among the land records in the Office of the County Recorder for
Maricopa County, State of Arizona.
§ 202.6 ‘Taxes and Assessments
Ad valorem taxes and assessments, if any, on the Exchange Parcels 1 levied,
assessed, or imposed for any period prior to conveyance shall be borne by the applicable grantor.
Any taxes and assessments levied, assessed, or imposed after conveyance shail be borne by the
applicable grantee.
§ 202.7 Madison Parcel 1
The Madison Parcel 1 shall be conveyed in an “as is" condition with no warranty,
express or implied, by the City as to title or the condition of the soil, its geology or the presence of
known or unknown faults. The City shall provide County with copies of any reports in its possession,
including the environmental report required by § 202.2 pertaining to the condition of Madison Parcel
1.

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§ 202.8 Pappas Parcel 1
The Pappas Parcel 1 shall be conveyed to the City in an “as is" condition with no
warranty, express or implied, by the County as to title or the condition of the soil, its geology or the
of known or unknown faults. The County shail provide the City with copies of any reports
presence
in its possession, including the environmental report required by § 202.2 pertaining to the condition
of Pappas Parcel 1.
§ 202.9 Conditions Precedent to Conveyance of Exchange Parcels 1
The Parties’ obligations under this Agreement are subject to the satisfaction of, or
waiver or approval of, the following conditions precedent, on or before the Close of Escrow:
{a) Receipt by Escrow Agent of all fees required to be paid pursuant to §
202.1 above;
(b) Receipt by Escrow Agent of the executed documents required
pursuant fo § 202.4 above;
(c) Each Party's acceptance, in its sole discretion, of the matters listed
on the Schedule B, Section to (Exceptions to Title) of the preliminary
title commitments;
(d) Receipt by Escrow Agent of the sum of $150,071 from the City
payable to the County, which sum is due to the County upon the
closing of escrow on the Exchange Parcels 1;
(e) Each Party's acceptance, in its sole discretion, of the status of the
environmental condition of the individual parcel it is receiving from
the Exchange Parcels 1 as set forth in the documentation furnished
to the grantee Party pursuant to § 202.2 above;
(f) Unless otherwise agreed to by the parties, the Escrow Agent shall
have received documents in recordable form, which documents are
to be recorded at Closing, granting easements to ali utility providers
using Madison Parcel 1, and notification from the utility providers, the
City and the County that the proposed easement documents are
acceptable. The City and County will cooperate to arrange for
acceptable easements to be prepared and executed; and
(g} Certification by the County that it has relocated any tenants from
Pappas Parcel 4 and that it will convey the Pappas Parcel 1 to the
City free and clear of any liens, leases, encumbrances and all
physical improvements have been removed from the Pappas Parcel
1 except for landscape, hardscape and fencing (except for those
exceptions acceptable to the City), which certification must be
supported with documentation substantiating the efforts taken. The
County certification must be approved in writing by the City.
ARTICLE ill. CONVEYANCE OF EXCHANGE PARCELS EXCEPT FOR MADISON PARCEL 1
AND PAPPAS PARCEL 1

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§ 301. Option to Acquire Pappas Parcel 2
County hereby grants the City an exclusive five year, no interest, option to acquire the Pappas
Parcel 2 for the purchase price of $11,272,729, which five year period begins on the date of this
Agreement. The City will provide the County with at least one hundred and twenty (120) days
written notice of its intent to exercise this option to purchase. If the City acquires the Pappas Parcel
2 within one year of the date of this Agreement, then there is no option fee owed to the County. If
the City acquires the Pappas Parcel 2 after the one year period, the City will pay the following option
fee to the County in addition to the purchase price of $11,272,729: between the first and second
- $25,000; between the second and third years - $75,000; between the third and fourth years -
years
$150,000; and between the fourth and fifth years $250,000. Notwithstanding any other provision in
this Agreement, at the time that the City exercises its option pursuant to this § 301, the County must
acquire the Jackson Parcel, Madison Parcel 2 and Madison Parcel 3 if it has not already done so
pursuant to § 302 below. The Pappas Parcel 2, Jackson Parcel, Madison Parcel 2, and Madison
Parcel 3 are sometimes referred to herein as the “Exchange Parcels 2”.
§ 302. Option to Acquire Jackson Parcel, Madison Parcel 2 and Madison Parcel 3
City hereby grants the County an exclusive five year, no interest, option fo acquire the following City
Parcels at the purchase price stated: Jackson Parcel - $995,000; Madison Parcel 2 - $1,100,072;
and Madison Parcel 3 - $1,107,728, which five year period begins on the date of this Agreement.
The County will provide the City with atleast ninety (90) days written notice of its intent to exercise
this aption to purchase any of the above-referenced City Parcels individually or collectively.
§ 303. Escrow
Within thirty (30) days following the receipt by the grantor Party of the grantee Party's written request
to exercise its option pursuant to the provisions of this Article Ill, the City and County shall open an
escrow account with Security Title Agency, 3636 North Central Avenue, 3" Floor, Phoenix, AZ
85012 or another escrow agent acceptabie to the Parties ("Escrow Agent") for the conveyance of
the affected Exchange Parcels 2 and shall provide the Escrow Agent with a copy of this Agreement,
which shall serve as the instructions of the City and County to the Escrow Agent. These instructions
shall not be revised, extended, or supplemented without the mutual written consent of the Parties
and the written acceptance of the Escrow Agent.
§ 304. Conveyance of Exchange Parcels 2
All provisions contained in § 202 above relating to the Exchange Parcels 1 relate to any and all
parcels comprising the Exchange Parcels 2 with modifications specifically set forth in this § 304.
Conveyance of the affected Exchange Parcels 2 shail be completed within five (5) days following the
satisfaction of all conditions precedent set forth in § 202.9. The form of special warranty deeds set
forth as Exhibits “E” and “F” shall be modified to refer to the particular Exchange Parcels 2 being
conveyed. The County specifically acknowledges that it will be required, in conjunction with its
acquisition of Madison Parcel 3, to grant a public pedestrian easement or similar agreement to
ensure pedestrian access to the property along the south side of Madison Street between 4" and 5”
Avenues to be recorded at the time of conveyance to the County. The sum of money that the City is
required to convey to the County as set forth in § 202.9(d) is $8,069,929 plus any applicable option
fee required pursuant to § 301 above, which sum will be due when the City acquires Pappas Parce!
2. The aforementioned amount of $8,069,929 is predicated upon the County not having previously
purchased Madison Parcel 2 and Madison Parcel 3. If the County previously purchased either one

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or both of these parcels, then the amount due the County from the City is increased by the amount
the County paid pursuant to § 302 above.
References in §§ 202.1 and 202.9(f) to Madison Parcel 1 are equally relevant to Madison Parcel 2
and Madison Parcel 3. References in §§ 202.1 and 202.9(g) to Pappas Parcel 1 are equally
relevant to Pappas Parcel 2. Reference in § 202.7 to Madison Parcel 1 is equally relevant to
Madison Parcel 2 and Madison Parcel 3. Reference in § 202.8 to Pappas Parcel 1 is equally
relevant to Pappas Parcel 2.
ARTICLE IV. [intentionally omitted]
ARTICLE V. DEFAULTS, REMEDIES AND TERMINATION
§ 501. Defaults - General
Subject to the extensions of time set forth in § 605, failure or delay by any Party to perform any term
of provision of this Agreement constitutes a default under this Agreement. The Party who so fails or
delays must immediately commence to cure, correct, or remedy such failure or delay, and shail
complete such cure, correction or remedy within reasonable diligence, A nondefaulting Party shall
give written notice of default to the Party in default, specifying the default compiained of by the
injured Party. Failure or delay in giving such notice shall not constitute a waiver of any default, nor
shall it change the time of default.
§ 502. Termination of Agreement
Subject to the extensions of time in § 605, either Party, at its sole option, may terminate this
Agreement prior to conveyance of the Exchange Parcels if the conditions set forth in §§ 202.9 and
304 are not satisfied or waived; or if the other Party does not tender conveyance of the Exchange
Parcels or deliver possession thereof, in the manner and condition and by the date provided in this
Agreement; and such failure is not cured within thirty (30) calendar days after written demand. !n
the event of such termination, neither Party shall have any further rights or liabilities hereunder.
Bath parties will use commercially reasonable efforts to satisfy all conditions and in carrying out the
terms of this Agreement.
ARTICLE Vi. GENERAL PROVISIONS
§ 601. Notices, Demands and Communications Between the Parties
All notices, demands or other writings in this Agreement provided to be given, made or sent by any
Party hereto to other parties shall be deemed to have been fully given, made or sent when made in
writing and personally delivered, transmitted by telefax or received by United States postpaid
registered or certified mail and addressed as follows:
To City:
Director, Community and Economic Development Department
200 West Washington Street, 20th Floor
Phoenix, Arizona 85003 1611
FAX: (602) 534-7140
and

. City Clerk
City of Phoenix
200 West Washington, 15th Floor
Phoenix, Arizona 85003 1611
FAX: (602) 495-4847
To County:
Maricopa County Finance Department
Reat Estate Services Manager
301 West Jefferson, Suite 960
Phoenix, AZ 85003
FAX: (602) 506-0559
The address to which any notice, demand or other writing may be given, made, or sent to any Party
may be changed by written notice given by such Party as above provided.
§ 602, Conflict of Interests
No member, official, or employee of the City or County shall have any direct or indirect interest in
this Agreement, nor participate in any decision relating to the Agreement which is prohibited by law.
The Parties hereto acknowledge that this Agreement is subject to cancellation pursuant to the
provisions of A.R.S. Section 38 511.
§ 603. Warranty Against Payment of Consideration for Agreement
The County and City each warrants to the other that it has not paid or given, and will not pay ar give,
any third person any money or other consideration for obtaining this Agreement, other than normal
costs of conducting business and costs of professional services such as architects, engineers,
realtors and attorneys.
§ 604, Noniiability of Officials, Partners and Employees
No member, official, or employee of the City shall be personally liable to the County, or any
successor in interest, in the event of any default or breach by the City or for any amount which may
become due to the County or successor, or on any obligation under the terms of this Agreement.
No member, official, manager, or employee of County shall be personally liable to the City in the
event of any default or breach by the County or for any amount which may become due to the City or
on any obligation under the terms of this Agreement. ;
§ 605. Enforced Delay: Extension of Time of Performance
Times of performance under this Agreement may also be extended in writing by the Parties hereto.
§ 606. Time of Essence
Time is of the essence of this Agreement and of every term, condition and covenant hereof.

§ 607. No Waiver
Except as otherwise expressly provided in this Agreement, any failure or delay by any Party in
asserting any ofits rights or remedies as to any default, shall not operate as a waiver of any default,
or of any such rights or remedies, or deprive any such Party of its right to institute and maintain any
actions or proceedings that it may deem necessary to protect, assert ar enforce any such rights or
remedies.
§.608. Severability
lf any provision of this Agreement shall be found invalid or unenforceable by a court of competent
jurisdiction, the remaining provisions of this Agreement shall not be affected thereby and shall be
valid and enforceable to the fullest extent permitted by law.
§ 609. Captions
The captions contained in this Agreement are merely a reference and are not to be used to construe
or limit the text.
§ 610. Entire Agreement, Waivers and Amendments
This Agreement is executed in three (3) duplicate originals, each of which is deemed fo be an
original. This Agreement contains eleven (11) pages of text and the below listed attachments, which
are incorporated herein by this reference, and constitute the entire understanding and agreement of
the parties.
Exhibit A - Map of City Exchange Parcels
Exhibit B - Map of County Exchange Parcels
Exhibit C - Legal Description of County Exchange Parcels
Exhibit D - Legal Description of City Exchange Parcels
Exhibit & - Madison Parcel 1 City Deed
Exhibit F - Pappas Parcel 1 County Deed
This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and
supersedes all negotiations or previous agreements between the parties with respect to all or any
part of the subject matter hereof.
§ 611. Governing Law
This Agreement shail be governed by, and construed in accordance with, the laws of the State of
Arizona, without regard to its choice of law principles. Any action commenced by any Party with
respect to this Agreement shall be commenced in the Maricopa County, Arizona Superior Court, and
the Parties hereby waive all questions of personal jurisdiction and venue for the purpose of carrying
out this provision.
§612. Counterparts and Faxes
This Agreement may be executed in multiple counterparts, each of which shall be deemed an
original but all of which taken together shall constitute one and the same instrument. A faxed
signature by either of the parties on this Agreement will be deemed an original signature, and will be
fully binding upon such party.

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§613. Further Assurances.
Each party agrees to execute, acknowledge and deliver such other and further documents,
instruments and statements as may be necessary to carry out the intent and provisions of this
Agreement and to comply with all applicable laws, rules and regulations.
DATED this day of , 2009.
[SIGNATURES FOLLOW ON NEXT PAGE]
10

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20090763325
CITY OF PHOENIX, a municipal corporation
FRANK FAIRBANKS, City Manager
. *
By: Wi > n xe JUL 30 2009
oy
Chairman of the Board of Supervisors
APPROVAL OF COUNTY COUNSEL AND CITY ATTORNEY
ate that | have reviewed the proposed Intergovernmental Agreement, between the
pricopa and the City of Phoenix and declare the agreement to be In proper form and
gwers and autfprity granted to their respective governing bodies under the laws of the
Attsfney for the County ACTI City Attorney
Date: 7] 05 Date: Dudu, 31,2004 G2
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11

20090763325
Exhibit “A”
Map of City Exchange Parcels
Page 1 of 2
Madison Parcels
—
JEFFERSON STREET
AVENUE fata AVENUE AVENUE 66 65 AVENUE l
5th 4th 3rd
MUU DV
NV NL
Madison Parcel 3
Madison Parcel 2 Madison Parcel 1
ne
59 60 61 62
JACKSON STREET
z ar 2] 1¢
Py 1 4

20090763325 — _
Exhibit “A”
Map of City Exchange Parcels
Page 2 of 2
Jackson Parcel
JACKSON STREET
7
AVENUE
112-06-091B 112-06-091C 412-05-132
y
QTH
_

=
WN igs aoa yee 288 eee ®

20090763325
Exhibit “C”
Legal Description
County Exchange Parcels
Pappas Parcel 1:
Lot 2, THOMAS J. PAPPAS,.according to Book 431 of Maps, page 50, records of Maricopa
County, Arizona.
Pappas Parcel 2:
Lot 1, THOMAS J. PAPPAS, according to Book 431 of Maps, page 50, records of Maricopa
County, Arizona.

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20090763325
Exhibit “D”
Legal Description
City Exchange Parceis
Madison Parcel 1:
That part of Madison Street, between the West right of way line of First Avenue and the East
right of way fine of Third Avenue, as shown on the ORIGINAL TOWNSITE OF PHOENIX,
according to Book 2 of Maps, page 51, and as shown on the PRE-SENTENCED FACILITY,
according to Book 241 of Maps, page 24, records of Maricopa County, Arizona.
EXCEPT title to any mine of gold, silver, cinnabar or copper or to any valid claim or possession
held under the existing laws of Congress, as set forth in Patent from the United States of
America
Madison Parcel 2:
That part of Madison Street, between the West right of way line of Third Avenue and the East
right of way line of Fourth Avenue, as shown on the ORIGINAL TOWNSITE OF PHOENIX,
according to Book 2 of Maps, page 51, records of Maricopa County, Arizona.
EXCEPT title to any mine of gold, silver, clnnabar or copper or to any valid claim or possession
held under the existing laws of Congress, as set forth in Patent from the United States of
America
Madison Parcel 3:
That part of Madison Street, between the West right of way line of Fourth Avenue and the East
right of way line of Fifth Avenue, as shown on the ORIGINAL TOWNSITE OF PHOENIX,
according to Book 2 of Maps, page 51, records of Maricopa County, Arizona.
EXCEPT title to any mine of gold, silver, cinnabar or copper or to any valid claim or possession
held under the existing laws of Congress, as set forth in Patent from the United States of
America
Jackson Parcel:
Lot 1, Jackson West, according to the plat of record in the office of the County Recorder of
Maricopa County, Arizona, in Book 810 of Maps, page 49.

Exhibit “E”
Madison Parcel 1 City Deed
WHEN RECORDED, RETURN TO:
Maricopa County
Real Estate Services Manager Exempt under A.R.S. §11-1134(A){3)
301 West Jefferson, Suite 960
Phoenix, AZ 85003
SPECIAL WARRANTY DEED
City Contract No. -
oo
County Agenda Number: C-18-09-033-8-00
For the consideration of Ten Dollars and other valuable consideration, the CITY OF
PHOENIX, ARIZONA, a municipal corporation organized and existing under the laws of the
State of Arizona ("Grantor"), does hereby convey ta MARICOPA COUNTY, a political
subdivision of the State of Arizona (“Grantee”), the following real property (“Property”) situated
Arizona, together with all improvements situated thereon and all rights and
in Maricopa County,
privileges appurtenant thereto, to-wit:
See Exhibit “A” attached hereto and made a part hereof.
SUBJECT TO:
4. Reservations or exceptions contained in the patent from the United States of America or in
the act or acts authorizing the issuance thereof, unpatented mining claims, water rights, and
claims or title to water,
2. All easements, rights-of-way, encumbrances, liens, covenants, conditions, restrictions, and
other matters as may appear of record.
AND GRANTOR hereby binds itself and its successors to warrant and defend the title, as
against ail acts of Grantor herein and no other, subject to the matters above set forth.
DATED this day of , 2009.

20090763325
GRANTOR:
CITY OF PHOENIX,
a municipal corporation
FRANK FAIRBANKS, City Manager
By:
Director
Community and Economic Development Department
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
STATE OF ARIZONA )
)ss.
County of Maricopa y
The foregoing instrument was acknowledged before me this __ day of
2009 by the Director of the Community and Economic
, _
Development Department of. the City of Phoenix, a municipal corporation, on behalf of said
corporation.
Notary Public
My Commission Expires:

20090763325
ACCEPTED BY GRANTEE:
MARICOPA COUNTY,
A political subdivision of the State of Arizona
By: Max Wilson
Chairman of the Maricopa County Board of Supervisors
ATTEST:
Clerk of the Board
APPROVED AS TO FORM:
Christopher McNichol
GUST ROSENFELD, P.L.C.
201 E. Washington, Suite 800
Phoenix, AZ 85004-2327
Attorney for the County